§ 93.04 SCOPE OF RIGHT-OF-WAY.
   (A)   The scope of the R.S. 2477 right-of-way is that which is reasonable and necessary to ensure safe travel for all uses that occurred before October 21, 1976.
   (B)   The scope of the R.S. 2477 right-of-way includes the right to widen the highway as necessary to accommodate the increased travel associated with all uses that occurred before October 21,1976, up to, where applicable, improving a highway to two lanes so travelers can safely pass each other.
   (C)   Unless otherwise established by formal action taken by the County Commission, the width of an R.S. 2477 right-of-way used for vehicular travel may not be less than the setback standards for wilderness boundaries along existing roads as described in Bureau of Land Management regulations.
   (D)   The safety standards established by the state’s Department of Transportation apply to all determinations of safety on R.S. 2477 rights-of-way used for vehicular travel.
   (E)   The county will design and conduct construction and maintenance activities so as to minimize impacts on the adjacent lands, consistent with applicable safety standards.
(Ord. 2000-2, passed 5-8-2000)